Law: Customs Act, 1969

Section: 2(s),16,156(1)(8),156(1)(89),168,179

Law: Imports and Exports (Control) Act, 1950

Section: 3

Customs Act (IV of 1969)- -Ss.2(s), 16, 156(1)(8), 156(1)(89), 168 & 179-Imports and Exports (Control) Act (XXXIX of 1950), S.3-Notification FE.4/92-SB, dated 28.11.1992-Smuggling-Seizure and confiscation-Scope-Law enforcing Force recovered Pakistan currency, allegedly being smuggled out of Pakistan-Deputy Collector of Customs (Adjudication) vide order-in-original confiscated the recovered currency-Collector of Customs (Appeals) upheld the order-in-original and dismissed the appeal-Validity-Appellant was citizen of Pakistan as he produced his Computerized National Identity Card; two business cards showing him the Managing Director of companies; another card of All Pakistan Commercial Exporters showing him an Associate member and a certificate issued by Political Agent in respect of residence and business of appellant-No offense was committed by appellant when there was no evidence to suggest that he was making an attempt to smuggle the currency out of Pakistan-Law Enforcing Force was not authorized to seize goods at the Border, which was a Customs station-Orders passed by adjudicating authorities were set aside by the Tribunal. THIS JUDGMENT DELIVERED BY: SYED SARDAR HUSSAIN SHAH, MEMBER (JUDICIAL):---.--- This appeal is filed by Hikmat Ullah .son of Abdul Matin (herein after called appellant) against the Order-in-Appeal No 32 of 2017, dated 25.01.2017 passed by the Collector of Customs (Appeals), Islamabad, Camp Office, Jamrud Road, Custom House, Peshawar, whereby he dismissed the appeal of the appellant against the Order-in-Original Nos.288-291 of 2016, dated 26.04.2017 of the Deputy Collector of Customs (Adjudication), Islamabad, Camp Office, Custom House, Jamrud Road, Peshawar. 2. Briefly stated the facts of the case are that on 09.10.2015, during the course of routine Anti-Smuggling duties at Torkham Check Post, F.C. staff of Khyber Rifles recovered Pakistani currency amounting to Rs.340,000/- (details as per Recovery Memo. No.26/2016, dated 18.01.2016). The seized Pakistani currency was being smuggled from Pakistan to Afghanistan without valid documents. On demand, the appellant failed to produce any legal documents in respect of the said currency.…

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